Sep. 12, 2013

Protesters march outside the State Capitol in Madison on March 11, 2011. / Evan Siegle/Press-Gazette Media

Written by

The Associated Press

MADISON — Republican Gov. Scott Walker’s public union restrictions are constitutional, a federal judge ruled Wednesday, marking the second major victory for the governor as he defends the provisions on multiple fronts.

U.S. District Judge William Conley’s decision stems from a lawsuit two unions representing city of Madison and Dane County public workers filed in July 2011. They alleged the law violated their constitutional right to freely assemble and express their views. They also argued the law violated their equal protection rights because the provisions impose wage limits on union employees but not non-union workers.

Conley ruled the law doesn’t silence employees or their unions in collective bargaining; it simply prohibits municipal employers from listening to them.

As for the unions’ equal protection claims, Conley ruled the government has shown a rational basis for treating union and non-union workers differently. He cited state Justice Department arguments that public employers can easily manage their budgets by negotiating with individual workers, offsetting higher wages for high performers with lower wages for others.

Katy Lounsbury, one of the unions’ attorneys, called Conley’s ruling “just wrong.” She maintained that if the law prohibits employers from listening to the unions, it’s unconstitutional. She said she and her fellow attorneys would have to consult with the unions before deciding whether to appeal to the 7th Circuit Court of Appeals.

The law prohibits most public employees from collectively bargaining on anything except wages and limits raises to the rate of inflation. It also requires public unions to hold an annual election to see whether members want the union to continue to exist and bars unions from automatically withdrawing dues from members’ paychecks.

Conley last year struck down the annual elections requirement and automatic due withdrawal provisions in a separate lawsuit but left the rest of the statutes intact. A 7th Circuit three-judge panel reversed that in January, upholding the law in its entirety.

Dane County Circuit Judge Juan Colas ruled in September 2012 in yet another lawsuit that the restrictions violated constitutional free speech, free association rights and equal representation rights. Unions representing Madison school teachers and City of Milwaukee workers brought the lawsuit, and it’s still unclear whether the ruling applies only to them or statewide. The case is far from resolved — the Wisconsin Supreme Court has agreed to hear state attorneys’ appeal.

The Wisconsin Law Enforcement Association also has challenged the law in Dane County. Oral arguments in that case are scheduled for next month.